Lombardo, M. v Commissioner of Taxation [1988] FCA 340

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

BETWEEN:

BETWEEN:

JUDGE MAKING ORDER: DATE OF ORDER:

WHERE MADE:

THE COURT ORDERS THAT:

JUDGMENT iy EN, No. S40 7 2¢-—

Nos. WAG 2129-2131 of 1987

MICHELE LOMBARDO Applicant

and

COMMISSIONER OF TAXATION Respondent

Nos. WAG 2132 and 2133 of 1987

LOMBARDO MARINE PTY LTD Applicant

and

COMMISSIONER OF TAXATION

Respondent

MINUTE OF ORDER

FRENCH J. ay 4Q 13 MAY 1988 05 JUL 1983 FEDERAL COURT OF PERTH EE RALIA INOCIPAL

EQISTAY

1. In Nos. WAG 2129, 2130 and 2131 of 1987, the applicant

has leave to interrogate in terms of interrogatory 1 of

the amended draft interrogatories filed in Court on 13

May 1988.

2.

In Nos. WAG 2132 and 2133 of 1987, leave to

is refused.

interrogate

Note: Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

LIMITED DISTRIBUTION

— Sew

Nos. WAG 2129-2131 of 1987

BETWEEN: MICHELE LOMBARDO Applicant

and

COMMISSIONER OF TAXATION Respondent

Nos. WAG 2132 and 2133 of 1987

BETWEEN: LOMBARDO MARINE PTY LTD Applicant and COMMISSIONER OF TAXATION

Respondent

CORAM: FRENCH J. 13 MAY 1988

EX TEMPORE REASONS FOR JUDGMENT

As I indicated in my decision in Abduramanoski v Aidan

Nominees Pty Ltd (French J.; unrep.; 2 November 1986), the criteria governing the grant of leave to interrogate under' the rules of court are broad and must have regard to a number of factors. They are not limited to those matters which might be the subject of formal objection upon leave having been granted, where

objection is taken to specific interrogatories.

2.

I am bound by the decision of this Court in WA Pines Pty

Ltd v Bannerman (1980) 30 ALR 559, not to allow interrogatories to

be used for fishing purposes or where there is no ground for suspicion of a good case to use the criterion enunciated by Wilcox